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Rozptýlené vlastnictví akcií / Dispersed Ownership of SharesBorkovec, Aleš January 2014 (has links)
Two different systems of corporate governance globally coexist - the concentrated ownership system and the dispersed ownership system. The dissertation focuses on the history of companies and large economic entities. Attention is also paid to the relationship between the state and corporations. The importance of the first regulation of joint stock companies is discussed as well. Governance of large corporations is described and analyzed. The presented non-legal reasons for the existence of two systems of corporate governance are also summarized. Particular attention is paid to the legal preconditions for the dispersed ownership. Common law and civil law are compared. The differences in law of corporations (company law) are extensively analyzed - co-determination, fiduciary duties, piercing of corporate veil, board and independent directors. Detailed attention is focused on executive pay (remuneration / compensation).
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Nabytí od neoprávněného / Acquisition of property from unauthorized personTalacko, Petr January 2018 (has links)
In this diploma thesis, I deal with the institute of acquiring from unauthorized person., which is breaking of Roman principle nemo plus iuris ad alium transferre potest quam ipse habet. In English it means, that no one can transfer to someone else more rights, than he has himself. Also, the acquisition form unauthorized person is interfering to the constitutionally guaranteed rigth to own the property. Therefore the legislation must adequatly reflect this fact, but it has not always been so. In diploma thesis I deal mainly with the development of this institute, principles, which are connected with this institute and especially with the analysis and description of current legal regulation. The thesis is divided into four chapters and introduction. The chapters are further divided to subchapters, which deal with the theme in more detail. The work ends with conclusion. In the first chapter, I deal with the general issue of material rights. Then, I deal with the institute of ownership, its constitutional basis, the definition and also the ways, in which the ownership can be acquired. The second chapter is about the historical evolution of acquisition from unauthorized person. I analyze first the period of Roman law, and I emphasize the principle of nemo plus iuris. Than I continue through the...
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Vlastnictví pozemků a jejich převody z pohledu daňových předpisů / Ownership of land and its transfer from the perspective of tax legislationSmolková, Šárka January 2018 (has links)
Ownership of land and its transfer from the perspective of tax legislation Abstract The thesis deals with ownership of land and its transfer from the perspective of tax legislation. The aim of the thesis is to describe tax obligations connected with the ownership of land and with the transfers of ownership of land in the Czech Republic and further to consider the appropriateness of current legislation and its potential changes. The issue of tax regulations related to the ownership of land and its transfer is closely linked to the civil law. Introductory part of the thesis is therefore devoted to the theoretical introduction of the issue with respect to both financial law and civil law. The first chapter defines the term real estate and land. The second chapter describes and overviews forms of transfer of ownership of real estate and shortly also the issue of real estate cadaster. The fourth and fifth parts are the crucial ones with respect to the whole thesis. The fourth part overviews the responsibilities relating to the ownership of real estate particularly with regard to the land tax. In the following subchapters the author describes structural tax elements of the land tax and further deals with appropriateness of the land tax and its potential changes. The author perceives the land tax as justifiable by...
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Vztah známkoprávní a autorskoprávní ochrany / The relationship between trademark protection and copyright protectionCrháková, Blanka January 2019 (has links)
RESUMÉ
The name of the thesis: The relationship between trademark protection and copyright protection This diploma thesis deals in a complex way with the system of relationship between trademark protection and copyright protection within Czech law. The diploma thesis is based mainly on two acts - Act No. 121/2000 Coll., On copyright protection, and Act No. 441/2003 Coll., On trademark protection. It also reflects European law including actual case-law. The main goal of the thesis is to show how both protections work, their mutual relation, eventually how and in which situations their convergence happens and what can be the consequences of it from the protection point of view. In the first chapter of my thesis we find introduction that brings the subject to the topic, including aim of the thesis. After that comes seven main chapters and a final conclusion. Initially in chapter two and three of my thesis, I define the basic concepts dealing with Intellectual property and law related to intangible property. Subsequently description of the simultaneous operation of both protections is discussed and based on that their similarities and differences are highlighted. The focus is on analysis of both protections, subjects of both protections, their beneficiaries, formation, duration, means and international...
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Vlastnické bydlení v České republice / Owner occupied housing in the Czech RepublicVašák, Michal January 2010 (has links)
My diploma thesis deals with the issue of owner occupied housing in the Czech Republic. Attention is paid to the general importance of the provision of housing with emphasis on the social, economic and especially the legal aspects with respect to the rights that are granted by the Constitution and the Bill of Rights. It describes in brief the development of flat ownership since the 60's and the role of the state in the housing policy, particularly with the aim to bring attention to the existing legal regulation of this area -- the Flat Ownership Act. The main part of the thesis focuses on the legal regulation of flat ownership which draws on the dualistic concept of house co-ownership and the related ownership of a housing unit (apartment or non-residential area). Emphasis is put on the legal status of flat owners, the summary of rights and obligations that arise from ownership of a flat as a specific subject of property ownership. The ways in which flat ownership rights are formed are presented with regard to the consequences of the ownership rights being entered in the Land Registry. The creation, operation and the position of a Home Owners Association, a body corporate, which is established by law to manage dwelling houses, is presented particularly in relation to a specific flat owner. In this respect, as well as in other sections, the thesis follows the practice of the Constitutional Court and the Supreme Court that has considerable effect on the interpretation of law and the protection of rights and obligations pertaining to particular owners in exercising their property rights.
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Hodnocení složek intelektuálního kapitálu na příkladu vybrané společnosti / Evaluation of the components of intellectual capital on the example of selected companyObolenskiy, Vladimir January 2011 (has links)
Evaluation of the components of intellectual capital of the cmpany with focus on human capital and the associated analysis and comparison of the education and development processes in the company. Description of the concept and function of intellectual capital. The distribution of intellectual capital components and the description of the structure oc IC. Theoretical analysis of the relationship of intellectual capital and intellectual property. Description of the current state assessment of intellectual property and intangible assets. Characteristics of methods for evaluation of intellectual capital. The discrepancy between the accounting and valuation standards. The analysis of the possible development of human component of intellectual capital. Implementation of the general human capital assessment firm using the method of allocation weights, interviewed employees and managers, and developing a plan to increase employees' qualification for next year.
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Srovnání současné platné právní úpravy základních institutů zákona o vlastnictví bytů v České republice s úpravou Německou / Comparison of Contemporary Legislation of Basic Institutes of Condominium Act in Czech Republic and GermanySčensný, Jozef January 2012 (has links)
Comparison of contemporary legislation of basic institutes of condominium act in Czech Republic and Germany The work focuses on explaining the basic concepts which limit the whole legislation and position of homeowners' association (HOA) as a legal entity which is responsible for keeping the house. The first chapter deals with the theoretical concept behind the condominium. How does it differ from the common ownership and what are other similar concepts. Legal orders of both countries (Czech Republic and Germany) stand on classical concept of a thing. In this context the apartment cannot be a thing because it lacks independence from other things - they cannot exist outside a building (which is a thing) and therefore they cannot be legally transferred. In my opinion the current law stand on dualistic theory, where the unit is primary and the co- owner share in building and parcel are accessorial to the unit. In Germany there is a ruling principle of superficies solo cedit. That means a building is part of land and cannot be legally transferred without the land underneath. In German theory the ownership of flats constitutes a unity of three elements: co-ownership (on land), exclusive ownership (on unit) and membership in HOA. The second chapter outlines the terms which appear in the following text and which...
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Ochranné známky a jejich praktické využití v hospodářské soutěži / Trademarks and Their Practical Application on Business CompetitionVodičková, Tereza January 2012 (has links)
I have chosen this topic because of my deep interest in the intellectual property rights and trademark issues especially. I consider trademarks one of the essential parts of the contemporary private law system, although it is very complicated to decide whether it pertains to the commercial law branch or to the civil law. Trademarks have connection to both the branches, but its legal provisions are highly specific and independent. The contemporary popularity of trademarks grows rapidly thanks to its major usability in practical life. Trademarks are irreplaceable, especially when there is a need to distinct between identical or similar goods and services that are offered by different producers or providers and are useful also, when there is a need to represent goods and services on the market. The trademarks can also be licensed, contractually transferred to other legal entity or can be the object of a deposit. The usability of the trademarks can be found also in their use as an immaterial investment in a company. I have chosen the trademarks topic because of its high practicality and because of creativity and originality of this legal branch. This thesis attempts to describe and analyze the trademark issues comprehensively focusing on the present legal regulation of this discipline. The thesis is...
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Vývoj pozemkového vlastnictví na území ČR, role a zásahy státu / Development of land property on the territory of Czech Republik, role and interference of the stateKubeš, Karel January 2012 (has links)
The thesis maps and analyzes the development of landed property on the territory of the contemporary Czech Republic since 1918 until the beginning of the 21st century. A special attention is devoted to the role and interference of the state into the development of this field. An essential part of the text comprises an introduction to the proprietary rights. The thesis presents a structural insight into the landed property system and its significance not just for the actual legal development on the territory of the contemporary Czech Republic but also for the ability to meet the basic existential needs of people living on this territory during particular, more or less historically important time periods. In more detail, it deals with the development of landed property after 1918, 1948 and 1989. It examines the issues of land reforms, socialization period and agrarian collectivization as well as the more recent ones. These include the process of restitution and privatization of landed property. Besides analyzing the contemporary legislation de lege lata, the author also addresses the proposals de lege ferenda. Simultaneously, the author devotes attention to the state land ownership; therefore, in the broader context, the question of the contemporary role of the state as the land owner is analyzed,...
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Převody vlastnictví bytů z bytových družstev na jejich členy / Transfer of ownership of flats from the cooperatives to its membersAndresová, Monika January 2012 (has links)
1 Abstract Transfer of ownership of flats from the cooperatives to its members The aim of this thesis is to analyze the legislative regulation of transfers of ownership of flats from housing cooperatives to their members. This is a hot topic, since there are still many members who have not yet settled legal claims against the housing cooperatives. Attention is paid to the legislation contained in the Act on ownership of flats. In addition, legal regulation in the Transformation Act is mentioned, which introduced legislation on transfer of ownership from housing cooperative to its members. Individual provisions of the Commercial Code, which relates to housing cooperatives legislation, are also being analyzed. The thesis consists of four chapters. The first chapter discusses the formation and development of housing cooperatives, explains its basic principles and mainly characterizes concepts of former housing cooperatives. This introductory chapter also defines the basic terms of the housing cooperatives, such as a cooperative housing and cooperative apartment. The second chapter is interpretation of the contemporary legislation on transfer of ownership of cooperative units. Firstly, the legal protection of a member of a housing cooperative is analyzed in detail. Considerable attention is paid to contractual...
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